USCA11 Case: 18-13592 Document: 304-1 Date Filed: 12/30/2022 Page: 103 of 150
assigning students to bathrooms corresponding to their birth-assigned sex, commonly determined by the appearance of their external genitalia immediately after birth.
- 3. The Enrollment Process
The School District administered its bathroom policy through its enrollment process. To enroll at a St. Johns County school, a student had to provide paperwork, including state health forms and a birth certificate. Students’ enrollment paperwork determined their “biological sex” for the purposes of the bathroom policy. Even “[i]f a student later present[ed] a document, such as a birth certificate or driver’s license, which list[ed] a different sex, the original enrollment documents [would] control.” Doc. 192 at 14. But if a transgender student transitioned and had the necessary paperwork altered before enrolling in a St. Johns County school, that student could use a “restroom matching his or her gender identity … and the [School Board] would be none the wiser.” Id. at 22.
The district court summarized the School District’s bathroom policy, including how it assigned students to the boys’ or girls’ bathrooms at the time Adams attended Nease High School:
“[B]iological boys” may only use boys’ restrooms or gender-neutral single-stall bathrooms and “biological girls” may only use girls’ restrooms or gender-neutral single-stall bathrooms, with the terms “biological boys” and “biological girls” being defined by the student’s sex assigned at birth, as reflected on the student’s enrollment documents.
